M/S Tulasi Homes Flat Owners Associations, v. Smt M.K.Durga

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT APPEAL No.1197 of 2016 Judgment: (Per the Hon'ble The Acting Chief Justice Ramesh Ranganathan) The appellant herein is not a party to the writ petition. They filed an application, to implead themselves as the third respondent in the writ petition, along with their counter affidavit. On the ground that their implead application was not ordered, they sought leave of this Court to prefer an appeal and, in our order dated 3.11.2016, we noted that the notice issued by the Greater Hyderabad Municipal Corporation under Section 636 of the Greater Hyderabad Municipal Corporation Act, 1955 referred to the complaint petition dated 30.10.2015 filed by the appellant herein; the proceedings to demolish the pent house, which the first respondent-writ petitioner claims to have purchased, was at the behest of the appellant; and the appellant was a proper party to the proceedings.

The interim order under appeal is to remain in force until further orders. As we have granted leave to appeal, holding that the appellant is a proper party to the proceedings, we consider it appropriate to order their implead application also. W.P.M.P. No. 28836 of 2016, filed in W.P.No.22479 of 2016, is ordered and, consequently, the appellants herein are impleaded as the third respondent in the writ petition.

As the order under appeal is an interim order until further orders, it is open to the appellant herein to file a petition, to vacate

the aforesaid interim order, before the learned Single Judge. We, however, see no reason to interfere with the order under appeal. Granting liberty to the appellant (third respondent in the writ petition) to file an application to vacate the aforesaid interim order, the appeal is closed. The miscellaneous petitions pending, if any, shall also stand closed. There shall be no order as to costs. _________________________________ (RAMESH RANGANATHAN, ACJ) _____________________________ (A. SHANKAR NARAYANA, J) 10th November, 2016 pnb

THE HON'BLE THE ACTING CHIEF JUSTICE RAMESH RANGANATHAN AND THE HON'BLE SRI JUSTICE A. SHANKAR NARAYANA WRIT APPEAL No. 1197 of 2016 Date: 10.11.2016 pnb